Sahadeb Rabha and Anr v. The State of Assam

ORDER

13.06.2024 Heard Mr. D. Medhi, learned counsel for the accused and also heard Mr. P.S. Lahkar, Page No.# 2/3 learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application under Section 439 Cr.P.C. is preferred by two accused, namely, Sahadeb Rabha and Pranab Baruah, who have been languishing in jail hazot since

27.04.2024 and 22.04.2024, respectively, in connection with Azara P.S. Case No.85/2024 under Section 407/379 IPC, for grant of bail.

¶3It is to be noted here that the above noted case has been registered on the basis of an FIR lodged by one Anurag Agarwal, on 13.04.2024. The essence of allegation made in the aforesaid FIR is that on 12.04.2024, at about 7:30 p.m., 200 packets of moong dal 30 kg in each packet, 100 packets of chana dal 30 kg in each packet, 500 packets of mosur dal 30 kg in each packet, worth of ` 19,07,307/- and 100 packets of moong dal 30 kg in each packet worth of ` 3,31,821/- were loaded in a Truck, bearing Registration No.NL-01K-1761, belonging to R.K. Transport, Azara driven by one Umad Ali, and the consignment was supposed to be delivered to Maya Product, Barpeta road. But, later on, he found the vehicle along with the loaded articles missing and also found the mobile phone of the driver switched off.

¶4Mr. Medhi, learned counsel for the accused submits that this is the 2 nd bail application preferred by the accused and the first application, being Bail Appln. No.1496/2024 was dismissed by this Court, vide order dated 29.05.2024 after perusing the case diary and after dismissal of the first application more than 15 days over and the accused are behind the bar for last 48 days and 52 days, respectively, and they are ready to face trial and they are also ready to cooperate with the investigating agency and therefore, Mr. Ahmed contended that the accused persons may be allowed to go on bail.

¶5On the other hand, Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, producing the case diary before this Court and referring to the materials available against the present accused, submits that they are the king pin of the offence. However, Mr. Lahkar submits that the investigation is going on and the I.O. has examined some witnesses and also recovered some materials, but some of the materials are yet to be recovered and therefore, Mr. Lahkar, learned Additional P.P. has opposed the petition. Page No.# 3/3

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. P.S. Lahkar, learned Additional P.P.

¶7The case diary indicates that the I.O. has achieved substantial progress in the investigation of this case. Also it appears that both the accused are languishing in jail hazot for last 48 days and 52 days, respectively. In view of the progress of investigation as well as the length of detention, further custodial detention of the accused seems to be not warranted here in this case. And therefore, this Court is inclined to allow this petition. Accordingly, it is provided that on furnishing a bond of ` 50,000/- each, with one surety of the like amount to the satisfaction of the learned C.J.M., Kamrup(M), the accused, namely, Sahadeb Rabha and Pranab Baruah, be enlarged on bail. Case diary be returned.

¶8In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010114402024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1681/2024 SAHADEB RABHA AND ANR. S/O LT. AKHUR RABHA R/O CHOTODAMAL P.S. LAKHIPUR, DIST. GOALPARA, ASSAM 2: PRANAB BARUAH S/O KRISHNA BARUAH R/O DHULIMULI P.S. BIHUPRIA, DIST. LAKHIMPUR ASSAM T/A- GARCHUK NEAR RUADRANI DHA DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN